IN THE CASE OF: BOARD DATE: 6 October 2011 DOCKET NUMBER: AR20110003519 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests he be awarded the Purple Heart. 2. The applicant states, in effect, that he was wounded in combat in Korea. 3. The applicant provides a Department of Veterans Affairs (VA) rating decision; a letter from the U.S. Army Reserve Personnel Center dated 11 April 1991; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge); and a historical extract from a hometown newspaper. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant’s military records show that he enlisted in the Regular Army on 31 March 1950, was awarded the military occupational specialty of light weapons infantryman, served in Korea, and was promoted to pay grade E-5. 3. In an undated evaluation given when the applicant was a corporal, he reported that he spent 10 months in Korea where he served as a gunner and squad leader of a 57mm rifle squad. He continued that he was wounded in the leg but refused to be evacuated because there were only 27 officers and enlisted men left in his company and he felt that he was needed. 4. On 5 December 1956, he was given a separation physical examination. In that examination the applicant stated he had bad tonsils, tonsolitus attacks, and bad malaria. The examining physician only noted the applicant's malaria (jaundice), foot trouble (flat feet), and occasional chest pain. The physician added "No other serious illness or injury while in service." 5. He was honorably discharged on 21 February 1957. Item 27 of his DD Form 214, Wounds received as a result of action with enemy forces, has "None" entered. 6. The VA rating decision submitted by the applicant shows he was awarded zero percent disability ratings for shell fragment wound scars to both his right and left legs. The hometown newspaper extract shows that the applicant was wounded in the leg and suffered frozen feet according to a letter received from Korea. 7. Army Regulation 600-8-22 (Military Awards) provides that the Purple Heart is awarded for wounds sustained as a result of hostile action. Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment by a medical officer, and the medical treatment must have been made a matter of official record. DISCUSSION AND CONCLUSIONS: 1. There is no treatment records for any wounds in the applicant's records and his DD Form 214 states he did not have any wounds. Without evidence that he was treated for wounds, there is insufficient basis to grant his request. 2. It would appear from the applicant's statement in his undated evaluation that he treated his own wounds and kept performing his duties. While this is commendable, it would mean no medical records were generated for any wound.  The regulation is specific that a wound must be treated and that treatment must be made a matter of official record in order to be awarded the Purple Heart. 3. In view of the foregoing, there is no basis for granting the applicant’s request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X____ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________X_________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20110003519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110003519 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1